Jansi Rani .P v. The Bar Council Of Tamil Nadu And Puducherry,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Jansi Rani ... Petitioner -vs1.The Bar Council of Tamil Nadu & Puducherry, High Court Campus, Chennai.

Tamilnadu, India - 600 104.

2.N. Muthuvel, Advocate, Thanjavur Bar Association, Thanjavur District Court Campus, Thanjavur.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 1st respondent to take a necessary action against the 2nd Respondent based on the petitioner's representation dated 05.09.2022.

For Petitioner :

Mr.S.Sylverster Raj

For Respondents :

Mr.T.S.Mohammed Mohideen Standing Counsel for R1

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The prayer in this Writ Petition is to direct the 1st respondent to take necessary action against the 2nd Respondent based on the petitioner's representation, dated 05.09.2022.

2. By consent of both sides, the Writ Petition is taken up for final hearing at the time of admission itself. Considering the nature of the order proposed to be passed in this Writ Petition, protecting the interests of the 2nd respondent also, notice to the 2nd respondent is dispensed with.

3. According to the petitioner, the second respondent, who is an advocate, conspired with one Kannan and Balraj, who are 3rd and 4th respondents in M.C.O.P.No.225 of 2018, filed by the petitioner and her mother claiming compensation for the death of the petitioner's father, on the file of the Motor Accidents Claims Tribunal (Special District Court), Thanjavur, and acted against the interest of her. Therefore, the petitioner filed a complaint before the 1st respondent. But, so far, no action has been taken. Hence, the Writ Petition.

4. Learned Standing Counsel for the first respondent, on instructions, stated that the petitioner has not submitted her complaint in the format as prescribed by the Bar Council and if the petitioner send a complaint in the prescribed format, her complaint would be considered by the first respondent.

5. In view of the above, it is open to the petitioner to file a complaint in the prescribed format and if any such complaint is filed, as undertaken by the learned Standing Counsel for the first respondent, the first respondent is directed to consider the same on merits and proceed further in accordance with law, after providing opportunity of hearing to the petitioner and the second respondent.

6. With the above directions, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] [R.V., J.] 13.02.2024 Index : Yes / No Internet : Yes / No SJ

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 13.02.2024